Harmon v. Dedrick
New York Supreme Court
This is a demurrer to a scire facias. By the scire facias it appeared that the plaintiff, in the January term of the supreme court in the year 1846, recovered a judgment against the defendant, in an action of debt on a bond, for $3357,80 of debt, and $25,11 damages.
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This is a demurrer to a scire facias. By the scire facias it appeared that the plaintiff, in the January term of the supreme court in the year 1846, recovered a judgment against the defendant, in an action of debt on a bond, for $3357,80 of debt, and $25,11 damages. That the bond upon which the judgment was recovered was in the penal sum of $3357,80, conditioned for the payment of $1678,90, and interest, in five' instalments, as follows: $250 and interest on the first day of November, after the date of the bond, which would be November 1st, 1845, and the remaining sum of $1438,90 and…
1Opinion of the Court
By the Court,
Mtjllett, J.
The bond upon which the original suit was brought, is not within the statute requiring breaches to be assigned in the declaration. (2 R. S. 378.) There was no necessity for assigning breaches. (Spalding v. Millard, 17 Wend. 331.) The plaintiff should have entered his judgment for the penalty of the bond and his costs of suit, and issued his execution, with a direction endorsed to levy the instalment due, and so again from time to time as future in-stalments became due. In such case he needs no scire facias. (Wood v. Wood, 3 Wend. 454.) If the plaintiff has made up his…
2Cases cited2 opinions
- Smith v. JansenNew York Supreme Court · 1811
- Wood v. WoodNew York Supreme Court · 1830
3Cited by1 opinion
- Burnside v. WandSupreme Court of Missouri · 1902